This form is a sample offer made by the defendant attempting to settle plaintiff's claims prior to trial.
Georgia Offer of Judgment - Personal Injury
State:
Multi-State
Control #:
US-PI-0043
Format:
Word;
Rich Text
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How to fill out Offer Of Judgment - Personal Injury?
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FAQ
§ 9-11-68, (a/k/a Rule 68 ? Offer of Settlement), allows either party in a tort case to serve the other party with a written offer to settle, so long as the offer is made 30 days after service of the summons and complaint, and not less than 30 days before trial (or 20 days if it is a counteroffer).
As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.
Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected.
Rule 68 appears at first blush to promote settlement by forcing a plaintiff to either ac- cept a proffered offer of judgment or risk paying the defendant's subsequent litigation costs in the event the plaintiff recovers less than the amount offered.
Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.
If the plaintiff either (1) declines the offer; or (2) fails to respond to the offer by the deadline, then the offer is considered withdrawn. A withdrawn offer does not preclude the defendant from making a subsequent offer.
The offer must be made more than 30 days after the complaint is served but not less than 30 days (or 20 days if it is a counteroffer) before trial. O.C.G.A. § 9-11-68 (a). The offer has to remain open for thirty days, unless the party rejects it during that period.